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1. Defendant A shall pay to the Plaintiff KRW 17,523,024 and KRW 17,522,965 from August 6, 2020 to October 31, 2020.
Reasons
1. Facts of recognition;
A. On August 20, 2018, Defendant A entered into a general loan agreement of KRW 20,000,000 with C Co., Ltd. (hereinafter “C bank”).
On August 17, 2018, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the money to be loaned by Defendant A in accordance with the Regional Credit Guarantee Foundation Act, and issued the following credit guarantee to C Bank:
- - Other
E - (A) Guarantee Number: (b) Guarantee Period: 20,000,000 won: (c) Credit Guarantee Agreement was concluded on August 16, 2023; (b) On August 16, 2023, the Plaintiff agreed to pay on behalf of the Plaintiff the sum of the principal amount of the guarantee within the scope of the principal amount, the amount calculated at the rate of interest to be applied in cases where the occurrence of the incident occurred after the execution of the guarantee; (c) the amount calculated at the rate of interest to be applied in cases where the due date has not arrived until the execution of the guarantee obligation; and (d) the expenses paid in order to recover the incidental withdrawal of the C Bank; and (e) the Plaintiff’s performance of the guarantee obligation, in addition to the amount to be paid by the Plaintiff, the Defendant agreed to pay to the Plaintiff both the amount of damages in accordance with the interest rate set by the Articles of incorporation and other expenses incurred in the preservation, transfer and exercise
The rate of damages determined by the articles of incorporation of the Foundation is 10% per annum from January 1, 2018.
(c)
On March 17, 2020, Defendant A caused a credit guarantee accident due to delinquency in principal. On August 6, 2020, the Plaintiff subrogated to KRW 17,729,861 in relation to the above agreement with C Bank on August 6, 2020.
From August 6, 2020 to August 7, 2020, the Plaintiff recovered a total of KRW 206,896 in relation to the above arrangement from Defendant A, and thereafter, the remainder of the subrogated repayment of the above arrangement was KRW 17,522,965 (=the subrogated amount of KRW 17,729,861 - the recovered amount of KRW 206,896).
As to the collection amount, 59 won of the final damages was incurred according to the rate of damages as seen earlier until the collection was made.
Therefore, the plaintiff filed a claim against the defendant A.